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2021 DIGILAW 1102 (BOM)

Avinash Tanaji Kale v. State of Maharashtra

2021-08-07

SARANG V.KOTWAL

body2021
JUDGMENT SARANG V.KOTWAL, J. - The applicant is seeking anticipatory bail in connection with C.R.No.197/2019 dated 10.8.2019 registered at Vaduj Police Station, District Satara under sections 406, 409 read with 34 of the Indian Penal Code and under Sections 3 and 7 of the Essential Commodities Act. 2. Heard Shri P.A.Pol, learned counsel for the applicant and Shri Ameet Palkar, learned APP for the State. 3. By the previous order dated 29.8.2019, the applicant was protected by an interim order. Since then, the other accused were arrested and charge-sheet was filed against them. 4. The FIR is lodged by one Laxman Pise, who was working with Panchayat Samiti, Vaduj. On 10.8.2019 at about 10:00 p.m., he received a secret information that there was likelihood of misappropriation of some food grains which were given by the Government under a Scheme to a school known as Hutatma High School, Vaduj. The informant arranged two panchas. The informant and the panchas waited at the spot mentioned in the information. After some time, they saw a small transport vehicle parked in front of the grocery shop of Pralhad Nikam. That shop was opposite the said High School. The informant and the panchas observed that two persons were unloading some goods from that vehicle and were keeping them in the shop. The informant raided the shop and found that there were 36 bags of rice and one bag of harbhara. The persons present there gave their names as Rohit Madane and Vikas Kale. The driver of the vehicle was Ajay Patole. Rohit Madane and Vikas Kale were the Peons in that school. They told the informant that those food grains were kept in Pralhad Nikam's grocery shop for sale under the instructions of the present applicant. The present applicant was the Head Matter of that school. The goods were 1819 kilograms of ri e and 48 kilograms of harbhara. On 11.8.2019 at about 1:00 p m., the informant and the Superintendent of the Scheme went to the school and verified the registers. There was disc pancy in the food grains which were actually found in the stick and the entries in the registers. Both those registers showe lesser quantity, and in fact, 172.95 kilograms of rice and 107 kilograms of harbhara were found in excess in the storage. O this basis, the FIR is lodged. 5. There was disc pancy in the food grains which were actually found in the stick and the entries in the registers. Both those registers showe lesser quantity, and in fact, 172.95 kilograms of rice and 107 kilograms of harbhara were found in excess in the storage. O this basis, the FIR is lodged. 5. Learned counsel for the applicant submitted that the applicant has not misappropriated any food grains and has not gained any monetary benefit for himself. He submitted that the applicant has retired from his service in the year 2019 itself and after his retirement he is unnecessarily harassed because of this case. 6. He submitted that the FIR itself mentions that there was excess stock in the school than what was mentioned in the registers, which would actually show that the applicant has not misappropriated the food grains. At the highest, it can be said that the stock was not utilized for giving food to the students who were studying in the school. 7. He submitted that the charge-sheet against other accused is already filed. In that charge-sheet there is an enquiry report which mentions that there was excess stock with the school which would mean that it was not given to the eligible students as per their requirements. 8. Learned APP, on instructions, stated that the applicant has cooperated with the investigation. The charge- sheet against other accused is already filed and it could not be filed against the applicant because of pendency of this application. 9. I have considered these submissions. As rightly submitted by Shri Pol, there is nothing to show that the applicant has misappropriated those food grains and has derived any monetary benefits. In fact, the case is the other way round. There was excess stock in the storage than what was mentioned in the registers. That means, the students were not given sufficient food though they were eligible for it. That could be an important issue which needs to be decided during trial. 10. As submitted by Shri Pol that basically that was the job of the Storage In-Charge and the Cook, though the applicant did have the supervisory duties to see to it that the boys got their quota of food. However, the fact remains that the allegations and the material do not show that the applicant has derived any monetary benefits. 10. As submitted by Shri Pol that basically that was the job of the Storage In-Charge and the Cook, though the applicant did have the supervisory duties to see to it that the boys got their quota of food. However, the fact remains that the allegations and the material do not show that the applicant has derived any monetary benefits. To that extent the applicant can be shown some leniency particularly when he was protected by an interim order since August, 2019 and since he has cooperated with the investigation. 11. The applicant has retired from the service in the year 2019 itself. Therefore, at this belated stage, the applicant's custodial interrogation in the background of these facts is not necessary. He can be protected by an order of anticipatory bail. Hence, the following order : ORDER (i) In the event of his arrest in connection with C.R.No.197/2019 registered with Vaduj Police Station, District Satara , the applicant is directed to be released on bail on his furnishing a PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount. (ii) Anticipatory Bail Application stands disposed of accordingly.